Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Argentina: Bill on Gender Parity and Equal Opportunities in the Workplace Proposed

(Apr. 4, 2018) On March 13, 2018, Argentina’s government submitted to the National Congress a bill to amend the Labor Contract Law in order to establish gender parity standards in the workplace. (Proyecto 0038/18, Mar. 13, 2018, Cámara de Diputados website.)

The bill aims at implementing equal pay for equal work, enforcing equality in hiring and promotion criteria, providing safe working conditions, and expanding family leave coverage. (Los detalles del proyecto de equidad de género que enviará el Gobierno al Congreso, INFOBAE (Mar. 8, 2018).)

The bill establishes the obligation of employers to attain gender parity, requiring that workers, regardless of their gender, have equal rights in their access to employment and in their work and career development. (Id.)

Under the bill, the constitutional principle of equal pay for equal work would be guaranteed, not only in setting salaries and wages but also when selecting employees to perform duties outside the workplace. At the same time, employers would be obligated to ensure equal protection against unhealthy or unsafe working conditions. (Id.)

Employers would also be required to adopt behavioral protocols and enforce the ones already in place, complying with gender parity standards as a business practice. Unions would also have to adjust their bylaws to meet the same standards required of employers. (Id.)

The bill also expands family leave categories, including paternity leave for the birth or adoption of a child from two to fifteen days. This period would increase by ten more days if it involves multiple adoptions or the birth. (Id.) For the death of a child, leave is increased from three to ten days. (Id.)

Employees would be granted two days off and ten days a year if needed in case of adoption-procedure demands, five days off annually to undergo assisted reproductive methods, and ten days in cases related to gender-based violence. (Id.)

Finally, the bill provides for a reduced work day for parents with newborns or young children. The provision is aimed only at mothers and indicates that, with prior agreement with the employer, she will be able to go back to work following her maternity leave to a position with a shorter workday, and be paid an amount proportional to the salary she earned before giving birth. (Id.)

Both parents of children up to four years old would be allowed to arrange shorter workdays in order to take care of their children, provided the employer agrees. Their pay would also be proportional to the amount of hours they work. (Id.)